9 Hazel Tree Chambers

This Practice Note provides guidance on the provision in section 149A of the Planning Act 2008 (PA 2008) which enables development consent orders for nationally significant infrastructure projects in England to include provisions deeming a marine licence to have been issued under Part 4 of the Marine and Coastal Access Act 2009. It covers: the meaning of deemed marine licences; the role of the Marine Management Organisation (MMO) in the process; geographical scope of deemed marine licences; the application procedure; transfer provisions; conditions; good practice for applicants; and variations to deemed marine licences.

This Practice Note explains the duties and powers of harbour authorities under legislation including the Merchant Shipping Act 1995 and the Pilotage Act 1987, including sources of powers and duties, dues, charges and open port duty, navigation, pilotage (CHAs), health and safety, the Port Marine Safety Code, dangerous goods, environmental protection, oil pollution, waste management, wrecks and dangerous vessels. It is part of a series of notes on ports and harbours.

This Practice Note explains what harbour orders are, specifically: harbour revision orders, harbour closure orders, harbour empowerment orders and harbour reorganisation schemes are. It sets out procedural guidance for making harbour order applications, including: creating new harbour powers, changing existing harbour powers, pre-application considerations, supporting documentation requirements, fees, public notice advertising, public inquiries and giving notice of a decision.

This Practice Note outlines the process for appealing against notices varying, suspending or revoking a marine licence, compliance notices, stop notices remediation notices and emergency safety notices as set out in the Marine Licensing (Notices Appeals) Regulations 2011.

This Practice Note looks at the common issues relating to marine construction in the English inshore region (0–12 nm). It does not address the specialised cases of aquaculture, electricity works or cables and pipelines. The offshore oil and gas licensing regime is also excluded from consideration in this note.

This Practice Note outlines the legislative context and exempt activities in the Marine Licensing (Exempted Activities) Order 2011, SI 2011/409. It looks at the categories for activities that exemptions fall into, including category 1 exemptions for which no notification is required, category 2 exemptions which require notification to be given and category 3 exemptions which require approval from the Marine Management Organisation (MMO). It also looks at conditions of exemptions and enforcement.

This Practice Note outlines the appeal process in the Marine Licensing (Licence Application Appeals) Regulations 2011 if there is an appeal against a refusal to grant a marine licence or against the conditions imposed in a marine licence.

This Practice Note summarises the legislative regime for the laying of submarine cables and electronic communications apparatus.

This Practice Note provides details on how a marine licence can be varied, suspended or revoked, and what the effect of suspension or revocation is. This Practice Note looks at the relevant provisions in the Marine and Coastal Act 2009 and considers whether suspension or revocation would make the continued presence of an item or apparatus installed on the seabed by virtue of that licence unlawful.

This Practice Note outlines the marine licensing process in Wales, including role of Natural Resources Wales (NRW) and looks at the changes introduced by the Wales Act 2017.

This Practice Note outlines marine planning under the Marine and Coastal Access Act 2009 (MCAA 2009). It covers: marine planning, including the role of the Marine Management Organisation (MMO), the marine policy statement, marine plans, marine conservation zones (MCZs), and marine licensing.

This Practice Note considers how the OSPAR Convention for the Protection of the Marine Environment of the North-East Atlantic 1992 (OSPAR) is implemented in England and Wales, what the status of its decisions and recommendations are and what the role of the OSPAR Commission is. This Practice Note highlights how OSPAR interacts with the Marine Strategy Framework Directive 2008/56/EC (MSFD), and other EU legislation, such as the Birds Directive 2009/147/EC and Habitats Directive 92/43/EEC. It also looks at the MOX Plant case (Ireland v United Kingdom), which determined that the European Court of Justice was the appropriate forum for disputes between European Member States in relation to OSPAR. This Practice Note also provides details on the North-East Atlantic Environment Strategy, Regional Action Plans for marine litter and on contracting parties’ reporting obligations concerning OSPAR implementation. Finally, it includes information on how OSPAR overlaps with the London Convention on the Prevention of Marine Pollution by Dumping of Wastes and other Matter (the London Convention) and the Protocol to the London Convention (the London Protocol), how they are implemented and the regulatory bodies responsible for administering them.

This Practice Note provides a look at the regulation of ports and harbours. It covers the definition of harbour authorities and introduces the different categories of ports and harbours. While the most relevant general legislation is identified, this Practice Note does not address in detail the financial regulation of ports and harbours or the regulation of ship operations themselves. It was produced in partnership with Nicola Canty of 9 Hazel Tree Chambers.

The Marine Management Organisation (MMO) is a statutory body created by the Marine and Coastal Access Act 2009 (MCAA 2009) to license, regulate and plan marine activities in the seas around England. This Practice Note explains the status and legal framework of the MMO and summarises the functions, duties, responsibilities, strategic principles and enforcement powers of the MMO.

This Practice Note is a snapshot on the United Nations Convention on the Law of the Sea (UNCLOS), also known as the Law of the Sea Convention (LOSC) that resulted from the third United Nations Conference on the Law of the Sea (UNCLOS III) which took place between 1973 and 1982. The topics covered by this international treaty are vast and the overview below provides a short introduction to the subject. It also looks at the review of UNCLOS and the subsequent Agreement under UNCLOS on the Conservation and Sustainable Use of Marine Biological Diversity of Areas Beyond National Jurisdiction (High Seas Treaty).